2006 Code of Virginia § 19.2-218.1 - Preliminary hearings involving certain sexual crimes against spouses

19.2-218.1. Preliminary hearings involving certain sexual crimes againstspouses.

A. In any preliminary hearing of a charge for a violation under 18.2-61,18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of theaccused, upon a finding of probable cause the court may request that itscourt services unit, in consultation with any appropriate social servicesorganization, local board of mental health and mental retardation, or othercommunity mental health services organization, prepare a report analyzing thefeasibility of providing counseling or other forms of therapy for the accusedand the probability such treatment will be successful. Based upon this reportand any other relevant evidence, the court may, with the consent of theaccused, the complaining witness and the attorney for the Commonwealth in anycase involving a violation of 18.2-61, 18.2-67.1 or 18.2-67.2, authorizethe accused to submit to and complete a designated course of counseling ortherapy. In such case, the hearing shall be adjourned until such time ascounseling or therapy is completed or terminated. Upon the completion ofcounseling or therapy by the accused and after consideration of a finalevaluation to be furnished to the court by the person responsible forconducting such counseling or therapy and such further report of the courtservices unit as the court may require, and after consideration of the viewsof the complaining witness, the court, in its discretion, may discharge theaccused if the court finds such action will promote maintenance of the familyunit and be in the best interest of the complaining witness.

B. No statement or disclosure by the accused concerning the alleged offensemade during counseling or any other form of therapy ordered pursuant to thissection or 18.2-61, 18.2-67.1, 18.2-67.2, or 19.2-218.2 may be used againstthe accused in any trial as evidence, nor shall any evidence against theaccused be admitted which was discovered through such statement or disclosure.

(1986, c. 516; 2005, c. 631.)